Foreign Interference (Countermeasures) Act 2021/Part 6

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PART 6
COUNTERMEASURES FOR OTHER ACTIVITIES

Division 1—Foreign affiliations

Disclosure of foreign affiliation

76.—(1) Subject to this Act, a politically significant person must disclose to a competent authority in accordance with this Division every reportable arrangement to which the politically significant person is party at any time during a reporting period.

(2) Disclosure to a competent authority of every reportable arrangement to which a politically significant person is party during a reporting period must be in a foreign affiliations report relating to the reporting period that—

(a) is in the form required by the competent authority;

(b) is given to the competent authority within the time delimited by section 77 and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(c) contains the prescribed details or description of every such arrangement with a foreign principal during the reporting period, and the identity and other prescribed particulars of the foreign principal;

(d) is signed by—

(i) the politically significant person who is an individual; or

(ii) in any other case, the person who is required by section 64 to be responsible for the disclosure of reportable political donations received and accepted by or on behalf of that politically significant person; and

(e) is accompanied by a declaration in subsection (3) made by every person referred to in paragraph (d).

(3) The declaration required by subsection (2)(e) to accompany a foreign affiliations report of a politically significant person must contain a statement that, to the knowledge and belief of every person referred to in subsection (2)(d), there is no other reportable arrangement to which the politically significant person is party during the reporting period to which the foreign affiliations report relates.

(4) In this section and section 77 —

“appointed day” means the date of commencement of this section;

“initial reporting period” means—

(a) for a candidate at the first election after the appointed day or such a candidate’s election agent—

(i) in the case of an early initial election, the period of 12 months preceding—

(A) the date a declaration is made by the candidate under subsection (2) before nomination day at that early initial election; or

(B) the day which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub-paragraph (A) is earlier made,

even though this section may not have been in force during any part of the period; or

(ii) the period of 12 months preceding—

(A) the date a declaration is made by the candidate under subsection (2) before nomination day at that early initial election; or

(B) the day which is 2 clear days before nomination day at that early initial election if no declaration mentioned in sub-paragraph (A) is earlier made;

(b) for a candidate at an election other than an election in paragraph (a), the pre-election period of the election;

(c) for an election agent of a candidate at an election, the period starting on the day the person becomes an election agent of the candidate (being after the appointed day), and ending on (and including) the 31st day after the results of that election are published; or

(d) for any other politically significant person—

(i) the period starting on the appointed day and ending on (and including) 31 December of the same year that appointed day falls, unless paragraph (b) applies; or

(ii) the period starting on the day the person becomes a politically significant person (being after the appointed day), and ending on (and including) 31 December of the same year that day the person becomes a politically significant person falls;

“politically significant person”, in relation to a foreign affiliations report for any pre-election period, does not include an election agent;

“reporting period” means—

(a) for a candidate at an election, the pre-election period of the election;

(b) for an election agent of a candidate at an election, the period starting on the day the person becomes an election agent of the candidate (being after the appointed day), and ending on (and including) the 31st day after the results of that election are published; and

(c) for any other politically significant person, the period of 12 months starting 1 January and ending 31 December in any year,

and includes an initial reporting period.

When to make foreign affiliations report

77.—(1) Subject to subsection (2), disclosure of every reportable arrangement to which a politically significant person is party during a reporting period must be given to a competent authority—

(a) in relation to a disclosure of arrangements or agreements to which a candidate is during the pre-election period for that election a party—no later than 2 clear days before nomination day of that election;

(b) in relation to a disclosure of arrangements or agreements to which an election agent of a candidate is party—no later than the 31st day after the results of that election are published; and

(c) in any other case—no later than 31 January of the year following the year in which the reporting period ends.

(2) Regulations may prescribe a longer period for the purposes of subsection (1).

What is reportable arrangement

78.—(1) A reportable arrangement to which a politically significant person is party is an arrangement—

(a) the politically significant person enters into or has with a foreign principal; and

(b) under which the politically significant person—

(i) undertakes an activity on behalf of the foreign principal, even if the activity is not directed towards a political end in Singapore;

(ii) is accustomed, or under an obligation (whether formal or informal), to engage in conduct in accordance with the directions, instructions or wishes of the foreign principal or, where the foreign principal is an entity, of the governing body of the foreign principal, even if the act is not directed towards a political end in Singapore;

(iii) is a member of the foreign principal, even if the membership is not directed towards a political end in Singapore; or

(iv) has a direct association or an immediate affiliation with the foreign principal, even if the association or affiliation is not directed towards a political end in Singapore.

(2) To avoid doubt, a politically significant person is party to a reportable arrangement under subsection (1) even if the person undertakes an activity mentioned in subsection (1)(b)(i) only once, and even if no such activity is undertaken under an arrangement mentioned in subsection (1)(a).

(3) In addition, any of the following politically significant persons who are not entities:

(a) an individual who is designated under section 48(1) as a politically significant person;

(b) a candidate;

(c) an election agent of a candidate;

(d) a political office holder;

(e) a Member of Parliament (whether or not a political office holder),

has a reportable arrangement to which such a politically significant person is party if he or she is granted a migration benefit by or on behalf of a foreign government, even if he or she did not voluntarily claim or apply for it.

(4) In subsection (3), a migration benefit means any of the following that is or may be granted by or on behalf of a foreign government to an individual who is not a citizen of the foreign country of that foreign government:

(a) an honorary citizenship in that foreign country;

(b) a document of identity issued for travel purposes (whether or not also issued for another purpose), including a passport;

(c) an entitlement or a privilege or status in order to work or reside (otherwise than temporarily) in that foreign country, which is such an entitlement or a privilege or status prescribed in the Regulations.

(5) To avoid doubt, a politically significant person is party to a reportable arrangement under subsection (3) even if the person does not exercise any right or otherwise use any migration benefit mentioned in subsection (3).

(6) However, none of the following is a reportable arrangement within the meaning of this section:

(a) a marriage between a politically significant person mentioned in subsection (3) and a foreigner or foreign government-related individual;

(b) an arrangement under which the politically significant person mentioned in subsection (3) undertakes an activity on behalf of a foreigner or foreign government-related individual where—

(i) the politically significant person and the foreigner or foreign government-related individual—

(A) are members of the same family; or

(B) know each other personally;

(ii) the politically significant person undertaking the activity does so because of the relationship in sub-paragraph (i) and solely in that person’s personal capacity; and

(iii) the activity is, or relates primarily to, representing in good faith the interests of the foreigner or foreign government-related individual in relation to matters affecting the personal welfare of the foreigner or foreign government-related individual, as the case may be;

(c) an arrangement under which the politically significant person has a direct association or collaboration or an immediate affiliation with the foreign principal solely because of a common membership in an association or a corporation that is not a foreign principal.

Reporting involvement in foreign political organisation, etc.

79.—(1) An individual who is a citizen of Singapore (and whether or not resident in Singapore) must, within the prescribed time, give the competent authority a written declaration if the individual—

(a) is, on the appointed day, a member of a foreign legislature or a foreign political organisation; or

(b) becomes, after the appointed day, a member of a foreign legislature or a foreign political organisation.

(2) The written declaration required by subsection (1) to be made by an individual must contain—

(a) the individual’s name and place of residence;

(b) a description of the foreign legislature or the foreign political organisation of which the individual is a member and the nature of that membership; and

(c) other particulars relating to the individual concerned prescribed in the Regulations.

(3) In subsection (1), the prescribed time means a period prescribed in Regulations—

(a) starting the appointed day in the case of an individual who, on that day, is a member of a legislature of a foreign country or a foreign political organisation; or

(b) starting the date the individual concerned first becomes a member of a legislature of a foreign country or a foreign political organisation.

(4) In this section—

“appointed day” means the date of commencement of this section;

“member”, in relation to a foreign legislature or a foreign political organisation, includes an individual who is an honorary member but does not include any person by reason only of being—

(a) an employee of the foreign legislature or foreign political organisation;

(b) a person who regularly conducts, or takes part in, any activities (in or outside Singapore) organised or sponsored by the foreign legislature or foreign political organisation;

(c) a person who regularly donates to the foreign legislature or foreign political organisation; or

(d) a person who lobbies on behalf of the foreign legislature or foreign political organisation.

Division 2—Published-by requirement for foreign-linked political matters

Application and interpretation

80.—(1) This Division applies only to the following persons:

(a) a politically significant person;

(b) a person who is not a politically significant person but is—

(i) authorised by a permit under section 21 of the Newspaper and Printing Presses Act 1974 to publish (for sale or otherwise) a newspaper in Singapore; or

(ii) authorised by a licence or class licence under the Broadcasting Act 1994 to provide a licensable broadcasting service in or from Singapore, and the broadcasting service contains at least one Singapore news programme that is likely to be published for a purpose that is directed towards a political end in Singapore.

(2) In this Division—

“author”, for any political matter, means an individual who authored, edited, translated, illustrated, choreographed, directed the production of, or otherwise contributed to, the contents of the political matter, but for a programme which is broadcast or a performance, does not include an individual who is solely a presenter of the content of the programme or a performer of content provided by another;

“Singapore news programme” means any programme containing any news, intelligence, report of occurrence, or any matter of public interest, about any social, economic, political, cultural, artistic, sporting, scientific or other aspect of Singapore in any language—

(a) whether or not it is presenter-based;

(b) whether or not provided by a third party;

(c) whether paid or free; and

(d) whether or not provided at regular intervals,

but does not include a programme produced by or on behalf of the Government;

“newspaper” means a publication printed in any language and published for sale or free distribution at regular intervals or otherwise, and containing any of the following or a combination of the following:

(a) news, intelligence or reports of occurrences or any matter of public interest, about any social, economic, political, cultural, artistic, sporting, scientific or any other aspect of Singapore in any language;

(b) any remarks, observations or comments, in relation to such news, intelligence or reports of occurrences or to any other matter of public interest, or any matter of public interest, about any social, economic, political, cultural, artistic, sporting, scientific or any other aspect of Singapore in any language,

but does not include a publication produced by or on behalf of the Government;

“political matter” means an article or essay, a commentary, talk, performance or programme (or part of an article or essay, a commentary, talk, performance or programme) that can reasonably be regarded as intended—

(a) to promote the interests of a politically significant person in Singapore;

(b) to influence, or seek to influence, the outcome of any election or national referendum under any written law;

(c) to bring about, or seek to bring about, changes of the law in the whole or a part of Singapore, or to otherwise influence, or seek to influence, the legislative process in Singapore;

(d) to influence Singapore governmental decisions; or

(e) to influence any aspect or to promote or oppose political views, or public conduct relating to activities that have become the subject of a political debate, in Singapore,

even though it can reasonably be regarded as intended to achieve any other purpose as well.

Transparency directive for publishing political matters with foreign link

81.—(1) A transparency directive under this section may be given by a competent authority only to a person to whom this Division applies.

(2) A transparency directive may require the person to whom it is given to take, so far as is reasonably practicable, all necessary measures to ensure that, for each instance of political matter with a foreign link and published in Singapore—

(a) by a politically significant person in section 80(1)(a);

(b) in a newspaper that is—

(i) published (for sale or otherwise) in Singapore;

(ii) published by the person in section 80(1)(b)(i); and

(iii) specified in the directive; or

(c) in a Singapore news programme included in a licensable broadcasting service that is—

(i) provided by the person in section 80(1)(b)(ii) in or from Singapore; and

(ii) specified in the directive,

a disclosure about the political matter (whose content is prescribed by subsection (3)) is included or embedded in, or linked to, the political matter conspicuously and in the manner prescribed.

(3) For the purposes of subsection (2), the content of the disclosure about the political matter must—

(a) identify the author of the political matter by name or pseudonym and by nationality;

(b) identify the foreign principal for whom or at whose direction the political matter is placed (for consideration) for publication;

(c) include a statement that the political matter has a foreign link; and

(d) include a statement that the disclosure is made under the Foreign Interference (Countermeasures) Act 2021.

What is political matter with foreign link

82. For the purposes of section 81, a political matter has a foreign link if—

(a) any author of the political matter is a foreigner; or

(b) any person for whom or at whose direction the political matter is placed (for consideration) for publication in Singapore is a foreign principal.

Division 3—Stepped up countermeasures

Directive prohibiting foreign membership, responsible officer, etc.

83.—(1) A directive under this section may be given by a competent authority only to any Part 4 politically significant entity.

(2) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity—

(a) from appointing or reappointing as a responsible officer of the Part 4 politically significant entity, an individual who is—

(i) a foreigner; or

(ii) a particular foreigner specified in the directive; or

(b) from permitting to act as a responsible officer of the Part 4 politically significant entity, an individual who is—

(i) a foreigner; or

(ii) a particular foreigner specified in the directive.

(3) A competent authority may give a directive to a Part 4 politically significant entity prohibiting the Part 4 politically significant entity from accepting as a member of the Part 4 politically significant entity, an individual who is a foreigner, or a particular foreigner specified in the directive.

(4) A directive under subsection (2) or (3) may, in particular, direct the Part 4 politically significant entity—

(a) to suspend for a period specified in the directive, a particular foreigner from the exercise of his or her office, employment or membership (as the case may be) pending consideration being given to the foreigner’s removal (whether under this section or otherwise) from his or her office, employment or membership; or

(b) to remove, within the period specified in the directive, a particular foreigner from his or her office, employment or membership.

(5) However, a period of suspension under subsection (4)(a) must not exceed 24 months.

(6) For the purposes of this section, “appointing” includes appointing on an acting or a temporary basis.

Directive to end affiliation, etc., with foreign principal

84.—(1) A directive under this section may be given by a competent authority to any politically significant person.

(2) A directive under this section may require a politically significant person given the directive to end, within the period specified in the directive, any arrangement specified in the directive, being a reportable arrangement within the meaning of section 78.

Directive prohibiting, etc., foreign volunteers

85.—(1) A directive under this section may be given by a competent authority only to a Part 4 politically significant person.

(2) A competent authority may give a directive to a Part 4 politically significant person either—

(a) prohibiting the person from accepting, or requiring that person to stop accepting, any voluntary labour, or voluntary professional services, provided or to be provided—

(i) generally by any individual who is not a citizen of Singapore; or

(ii) by a particular individual specified in the directive who is not a citizen of Singapore,

to or for the benefit of the Part 4 politically significant person; or

(b) requiring the Part 4 politically significant person to disclose, in accordance with subsection (3), all voluntary labour, or voluntary professional services, provided during each reporting period—

(i) by an individual who is not a citizen of Singapore; and

(ii) to or for the benefit of the Part 4 politically significant person.

(3) Disclosure to a competent authority required under subsection (2)(b) must be in a foreign volunteers report relating to a reporting period that—

(a) is in the form required by the competent authority and in the manner prescribed in Regulations or, subject to those Regulations, as approved by the competent authority;

(b) is given to the competent authority no later than 31 January in the year following the year in which the voluntary labour, or voluntary professional services, was provided;

(c) contains the prescribed details of every voluntary labour, or voluntary professional services, provided during the reporting period to the Part 4 politically significant person by an individual who is not a citizen of Singapore, and the prescribed particulars of each such volunteer;

(d) is signed by the person who is prescribed by Regulations to be responsible for making the foreign volunteers report relating to the Part 4 politically significant person; and

(e) is accompanied by a declaration made by the person mentioned in paragraph (d) as responsible for making the foreign volunteers report relating to the Part 4 politically significant person.

(4) Regulations may prescribe a longer period for the purposes of subsection (3)(b).

(5) Nothing in this section prohibits the receipt by a Part 4 politically significant person of any voluntary labour or voluntary professional services as follows:

(a) any voluntary labour or voluntary professional services of a prescribed type, being labour or services that are performed solely pursuant to a contract for service entered into or with a person providing any service to or for the benefit of a Part 4 politically significant person;

(b) any voluntary labour or voluntary professional services provided to a Part 4 politically significant person by an officer or a member of the Part 4 politically significant person.

(6) In this section—

“reporting period” means the period of 12 months starting 1 January and ending 31 December in any year, and includes a special reporting period;

“special reporting period” means the period—

(a) starting the date the directive under subsection (2) takes effect; and

(b) ending on (and including) 31 December of the same year the date in paragraph (a) falls.

Division 4—Offences

Late Part 6 reports, etc.

86.—(1) Where any foreign affiliations report or declaration which is required by section 76 to be given to the competent authority is not so given within the time delimited under section 77, then the following persons shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction:

(a) where the foreign affiliations report or declaration is required in respect of a political party or a Part 4 politically significant entity—the responsible officers of the political party or politically significant entity in question;

(b) where the foreign affiliations report or declaration is required in respect of a candidate at an election or the candidate’s election agent—the candidate and the candidate’s election agent in question or (as the case may be) the candidate at a presidential election and the candidate’s principal election agent in question;

(c) where the foreign affiliations report or declaration is required in respect of any other politically significant person—that person.

(2) Where any declaration which is required by section 79 to be given to the competent authority is not so given within the time delimited under section 79, then the person required to give the declaration shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction.

(3) Where any foreign volunteers report or declaration which is required by section 85(2)(b) to be given to the competent authority is not so given by the Part 4 politically significant person given the directive under section 85(2)(b) within the time delimited under section 85(3)(b), then the following persons shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction:

(a) where the foreign volunteers report or declaration is required in respect of a Part 4 politically significant entity—the responsible officers of the Part 4 politically significant entity in question;

(b) where the foreign volunteers report or declaration is required in respect of an individual who is a Part 4 politically significant person—that individual.

(4) If a foreign affiliations report or foreign volunteers report which is required by section 76 or 85(2)(b) (as the case may be) to be given to the competent authority is given to the competent authority, but the report does not comply with the requirements of section 76(2)(c) or 85(3)(c) (whichever being applicable) as regards the recording of details or descriptions in the report, then the following persons shall each be guilty of an offence and shall each be liable on conviction to a fine not exceeding $5,000 and, in the case of a continuing offence, to a further fine not exceeding $200 for every day or part of a day during which the offence continues after conviction:

(a) where the foreign affiliations report or foreign volunteers report is required under section 76 or 85(2)(b) in respect of a political party or Part 4 politically significant entity—the responsible officers of the political party or Part 4 politically significant entity in question;

(b) where the foreign affiliations report or foreign volunteers report is required under section 76 or 85(2)(b) in respect of a candidate at an election or the candidate’s election agent—the candidate and the candidate’s election agent in question or (as the case may be) the candidate at a presidential election and the candidate’s principal election agent in question;

(c) where the foreign affiliations report or foreign volunteers report is required under section 76 or 85(2)(b) in respect of any other politically significant person—that politically significant person.

(5) In proceedings for an offence under subsection (1), (2), (3) or (4), it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence to ensure that any requirements—

(a) as regards preparation or sending of a foreign affiliations report, foreign volunteers report or declaration; or

(b) as regards the information to be given in any foreign affiliations report, foreign volunteers report or declaration,

as the case may be, have been complied with in relation to the report or declaration.

False or misleading Part 6 reports and declarations

87.—(1) Where, in any foreign affiliations report, foreign volunteers report or declaration which is required by this Part to be given to the competent authority in relation to a politically significant person, there is—

(a) any information or a statement that is false or misleading in a material particular; or

(b) an omission of any matter or thing without which the foreign affiliations report, foreign volunteers report or declaration is misleading in a material particular,

every person who is, under section 76(2)(d) or 85(3)(d) (as the case may be), responsible for making disclosure of foreign affiliations as required by section 76, or foreign volunteers as required by section 85(2)(b), for the politically significant person commits an offence.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction—

(a) to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(b) where the person is a repeat offender, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 3 years or to both.

(3) A person is a repeat offender in relation to an offence under subsection (1) relating to a foreign affiliations report, foreign volunteers report or declaration if the person has been convicted or found guilty (whether before, on or after the date of commencement of this section) on at least one other earlier occasion of—

(a) an offence under subsection (1); or

(b) an offence under section 22(6) of the repealed Act.

(4) Where in any declaration which is required by section 79 to be given to the competent authority there is—

(a) any information or a statement that is false or misleading in a material particular; or

(b) an omission of any matter or thing without which the declaration is misleading in a material particular,

the person who made the declaration shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.

(5) In proceedings for an offence under subsection (1) in relation to a foreign affiliations report, foreign volunteers report or declaration relating to such a report, or under subsection (4) in relation to a declaration required under section 79, it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused took all reasonable steps, and exercised all due diligence, to ensure that—

(a) any information or statement in the report or declaration (as the case may be) was not false or misleading in a material particular; and

(b) the report or declaration did not contain any omission which would have made the report or declaration misleading in a material particular.